14 April, 2015
At the sitting of 13 April, the Council for the Judiciary, having reviewed legal regulations proposed by the Legal Affairs Committee of the Saeima (Parliament) regarding solution of career of judges, who were not transferred to respective department of the Supreme Court after liquidation of Chambers, did not agree with provision that judges, who were not transferred to departments, should be instructed to discharge judicial duties in another appellate instance court, preserving the status of a judge of the Supreme Court and diving an advantage to them to come back to the Supreme Court, if vacant office of a judge occurs in the department.
The Council for the Judiciary points out – after the reform will be finished, content of concept of a judge of the Supreme Court will conform to the office of a judge of cassation instance, and Chambers are appellate instance. At the same time, the Council for the Judiciary agrees that social guarantees, inter alia, wages of a judge of the Supreme Court, must be preserved to judges, as it has been previously.
The Council for the Judiciary agrees that these judges may be granted advantage to hold an office in the department, comparing to other equal candidates, but this advantage should be preserved for certain period of time, for example, three years.
Draft law prepared by the Legal Affairs Committee of the Saeima envisages that decision on transfer of former judges of Chambers to the department is adopted by the Judicial Qualification Committee and the Council for the Judiciary, excluding involvement of judges of departments of the Supreme Court in assessment process. However, the Council for the Judiciary thinks that involvement of respective department of the Supreme Court to process of selection of a candidate should be preserved, not imposing an obligation to the Judicial Qualification Committee to decide on the merits on the most appropriate candidate.
Finally – the Council for the Judiciary thinks that a judge of the Chamber should be preserved an opportunity to choose court instance, where they want to continue to discharge judicial duties – in regional court or district (city) court.
Opinion of the Council for the Judiciary will be submitted to the Legal Affairs Committee of the Saeima.
Information prepared by
Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court
E-mail: rasma.zvejniece@at.gov.lv, telephone: 67020396, 28652211